On Amendments And Additions To The Federal Law On Insolvency (Bankruptcy) Of Credit Institutions "

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О несостоятельности (банкротстве) кредитных организаций"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102071610

Expired-the Federal law dated 22.12.2014 g. N 432-FZ RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law on Insolvency (bankruptcy) of credit institutions "adopted by the State Duma May 17, 2001 year approved by the Federation Council of the year June 6, 2001 (as amended by the Federal Act of 20 August 2004 N 121-FZ), Article 1. To amend the Federal law from February 25, 1999 N 40-FZ "on Insolvency (bankruptcy) of credit institutions" (collection of laws of the Russian Federation, 1999, N 9, p. 1097) the following amendments and supplements: 1. paragraph 2 of article 2 shall be supplemented with the words "and (or) If a credit institution following the withdrawal of a license for carrying out banking operations the cost of its property (assets) is insufficient for the execution of obligations of the credit institution before its creditors".
2. Article 4 supplement paragraph seventh reading: "allows reducing the magnitude of own funds (capital) at the end of the reporting month below the amount of the authorized capital, as defined by the founding documents of a credit institution registered in the order established by federal laws and adopted in accordance with the normative acts of the Bank of Russia".
3. in paragraph 2 of article 5, the words "in respect of credit institutions" should be replaced by the words "in bankruptcy of the credit institution.
4. (repealed November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 5. Article 7 supplemented by new fifth paragraph to read as follows: "adaptation of the size of the share capital of the credit institution and the amount of its own funds (capital);".
6. paragraph 3 of article 9 should be deleted.
7. Supplement article 9-1 to read as follows: "article 9-1. The alignment of the size of the share capital of the credit institution and the amount of own funds (capital) of credit institutions 1. If the amount of own funds (capital) of the credit institution at the end of the reporting month is less than the size of its Charter capital, the credit institution is obliged to adapt the size of the share capital and the amount of own funds (capital).
2. a credit institution shall take the decision on liquidation, if the amount of own funds (capital) of the credit institution at the end of the second and each subsequent fiscal year becomes less than the minimum amount of the authorized capital established by the Federal law "on joint stock companies" or the Federal law "on limited liability companies".
8. In article 12, paragraph 1, after the words "article 4" add the words "(except on grounds provided by the seventh paragraph of the said article)";
complemented by a new paragraph 3 to read as follows: "3. the Bank of Russia is obliged to send to the credit organization requirement on the approximation of the size of the share capital of the credit institution and the amount of its own funds (capital) if based on credit reporting data organization and (or) based on the results of checks carried out in accordance with the requirements of the Federal law" on the Central Bank of the Russian Federation (Bank of Russia) ", it is revealed that the amount of own funds (capital) the credit institution has proved to be less than the size of its Charter capital.
If during the last 12 months prior to the point where in accordance with this article, the Bank of Russia is obliged to send to the credit organization requirement on the approximation of the size of the share capital of the credit institution and the amount of its own funds (capital), the Bank of Russia changed the methodology for calculating own funds (capital) of the credit institution, for the purposes of this article uses the technique whereby the amount of own funds (capital) of the credit organization reaches its maximum value.
Credit institution within 45 days from receipt of the specified requirements of the Bank of Russia in case of impossibility of increasing magnitude of own funds (capital) to the size of the authorized capital is obliged to reduce the size of the authorized capital to the value not exceeding the amount of own funds (capital), and make the appropriate changes in the constituent documents.
The creditors of the credit institution does not have the right to demand termination or early performance of its obligations on the basis of reducing the size of the share capital of the credit institution in accordance with the requirements of this article. It does not apply the provisions of the legislation of the Russian Federation for mandatory notification of creditors of their right to claim the credit organization termination or early performance of its obligations and compensation for related losses. ";
paragraph 3 as subclause 4 to read:

"4. in the receipt of the requirements of the Bank of Russia on the implementation of the measures for financial recovery of the credit organization up to the date of authorization of the Bank of Russia, a credit institution may not take decisions on the allocation of profits between its founders (participants), the payment (Declaration) of dividends, distribute profits among its founders (participants) and pay them dividends, as well as meet the demands of founders (participants) of the compartment they share (or portion thereof) or payment of its actual value or redeeming shares.
Bank of Russia directs the credit organization for the distribution of profits among its founders (participants), the payment (Declaration) of dividends, as well as to meet the demands of founders (participants) of the compartment they share (or portion thereof) or payment of its actual value or redemption of shares, if the reasons which cause the direction of the requirements of the Bank of Russia on the implementation of the measures for financial recovery of the credit institution are eliminated. "
9. Article 17: Supplement with a new paragraph 2 to read as follows: "2. the Bank of Russia is obliged to appoint a transitional administration in the credit institution not later than the day following the day of revocation of the credit organization license for carrying out banking operations.";
paragraph 2 as subclause 3 and figures "15" replace numerals "10".
10. (repealed November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 11. Paragraph 1 of article 19 shall be amended as follows: "1. The head of the Interim Administration appointed an employee of the Bank of Russia, and in cases stipulated by the Federal law" on the restructuring of credit institutions ", the head of the Interim Administration can be appointed as an employee of the State Corporation" Agency for restructuring credit organizations. ".
12. Article 20 shall be amended as follows: "article 20. Responsibility of the head of the Interim Administration for nonperformance or improper performance of their duties in case of nonperformance or improper performance by the head of the interim administration of his duties he is responsible in accordance with federal laws. ".
13. paragraph 1 of article 21 complement the new second and third paragraphs read as follows: "conducts a survey of the credit organization;
establishes the existence of grounds for revoking a license for carrying out banking operations under article 20 of the Federal Act "on banks and banking activities"; ".
14. In article 22, paragraph 1 Add new paragraphs 3 and 4 as follows: "is conducting a survey of the credit organization;
establishes the existence of grounds for revoking a license for carrying out banking operations under article 20 of the Federal Act "on banks and banking activities"; ";
item 2 supplement paragraphs read as follows: "the right to collect the meeting of founders (participants) of a credit institution in the manner prescribed by federal laws;
entitled to apply on behalf of a credit institution in the Court with a demand for bringing to justice the members of the Board of Directors (Supervisory Board) a credit institution, a credit institution's sole executive body (the Director, the Director-General) and (or) the members of the collegial executive body of the credit institution (Board, Directorate) if they have been guilty of actions (inaction) of a credit organization had suffered damages in the amount of damages, if other grounds and the amount of liability is not established by federal laws;
appeals on behalf of the credit organization in court or arbitral tribunal requiring the recognition of transactions made by credit institution within three years prior to the date of appointment of the interim administration, null and void, if the transactions meet the grounds of invalidity of transactions referred to in article 28 of this federal law.
15. Supplement article 22-1 to read as follows: "article 22-1. Functions of the Transitional Administration in the case of the appointment of its credit institution following the withdrawal of a license for carrying out banking operations 1. The interim administration, appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations carries out the same functions and has the powers conferred on the Transitional Administration in accordance with article 22 of this federal law, except for the development of activities on financial recovery of the credit organization, organizing them and monitoring their implementation.
2. the Interim Administration appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations, is obliged to undertake a survey of the credit institution and determine whether she had signs of insolvency (bankruptcy), under paragraph 2 of article 2 hereof. When it detects these signs of the interim administration, appointed by the Bank of Russia following the withdrawal of credit institution of a license for carrying out banking operations shall submit to the Bank of Russia motion for direction of the Bank of Russia in the Arbitration Court of an application for recognition of a credit institution bankrupt. ".
16. In article 25:

second paragraph of paragraph 1 shall be amended as follows: "the appeal against the decision of the Bank of Russia on the appointment of the interim administration, as well as measures to secure claims against the credit institution does not suspend the activities of the Transitional Administration.";
paragraph 2 should be deleted;
paragraph 3 as subclause 2.
17. the sixth paragraph of paragraph 2 of article 26 shall be amended as follows: "for the amount of the creditor's claims on money obligations and (or) mandatory payments in the amount specified at the time a moratorium (excluding accrued interest), as well as the amount of applied penalties (fines, penalties) and other financial (economic) sanctions accrue interest at the rate of two-thirds of the Bank of Russia refinance rate. Accrued interest payable after the expiry of the moratorium. "
18. Article 28 shall be amended as follows: "article 28. Invalidity of deals of the credit organization 1. The transaction is a credit institution, perfect it until the date of appointment of the Interim Administration may be declared void by the arbitral tribunal upon application by the Transitional Administrator on the grounds provided by the civil legislation of the Russian Federation and the Federal law on Insolvency (bankruptcy) ".
2. Transaction made or perfect credit organization within three years prior to the appointment of the Interim Administration may be nullified by a court on the application of the interim administration or creditor of a credit institution if the transaction price and other conditions significantly worse for credit toward the organization different from the prices and other conditions under which in comparable circumstances committed similar transactions, and if the parties involved in the transaction, at the time of committing the knew or should have known that as a result of this transaction the credit institution appear signs of insolvency (bankruptcy) of credit institutions referred to in article 2 hereof, or the deal was struck with the persons who directly or indirectly control a credit organization, directly or indirectly, it is controlled either directly or indirectly are under common control with her. "
19. (repealed November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 20. (Expired November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 21. (Expired November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 22. (Expired November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 23. (Expired November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ) 24. (Expired November 27, 2004 with year-Federal Act of 20 August 2004 N 121-FZ), Article 2. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The Bank of Russia will bring its normative acts in compliance with this federal law.
Article 3. This federal law shall enter into force on the day of its official publication.
The provisions of paragraph 11 of article 1 hereof shall apply to those credit institutions, which at the time of the entry into force of this federal law was absent, the interim administration.
The provisions of paragraph 18 of article 1 hereof shall apply also to transactions executed by the credit institution before the entry into force of this federal law.
The provisions of paragraph 22 of article 1 hereof shall apply in cases of insolvency (bankruptcy) of credit institutions regardless of the time of its institution, except where the presentation of the insolvency administrator in the Bank of Russia of the intermediate liquidation balance sheet in accordance with the requirements of paragraph 3 of article 48 of the Federal law on Insolvency (bankruptcy) of credit institutions ".
The President of the Russian Federation v. Putin Kremlin, Moscow June 19, 2001 N 86-FZ